Certain uses and activities listed in this section that may not be a permitted or conditional use within a given zoning district may be allowed on a temporary and limited basis upon issuance of a permit by the Zoning Administrator, subject to the regulations and conditions prescribed by this section and to any additional conditions imposed on the permit by the Zoning Administrator. Said regulations and conditions shall be the minimum standards deemed necessary to ensure that the public health, safety, welfare, property values and essential esthetics will be preserved, and no temporary use shall be permitted that may adversely affect any such public interest. This section shall not apply to any use that is accessory to a residential dwelling unit.
(A) Permit required.
(1) A temporary use permit shall be obtained prior to advertising, commencement or operation of any temporary use allowed by this section. Applicants are encouraged, but not required, to submit such application at least 30 days prior to the intended date for any temporary use. An application for such permit shall be submitted to the Zoning Administrator on the city form created for such purpose, together with an application fee and all information and documents required to accompany such application. The Zoning Administrator shall distribute copies of such permit and accompanying information to all relevant city departments for review and comment.
(2) Temporary uses may be subject to additional permits or inspections as required by any applicable law or regulation, including but not limited to permits for liquor or cigarette sales; tents; transient merchants; noise; air quality, erosion control and other environmental controls; and health and sanitation.
(B) Permissible temporary uses. The Zoning Administrator may issue permits for any of the following temporary uses if the Zoning Administrator finds that such use complies with this section and all other applicable laws and regulations:
(1) Seasonal retail sales expressly limited to Christmas trees; pumpkins; and fruits, vegetables, and other food products being sold by a single vendor, as opposed to the multiple vendors and broader range of merchandise that is characteristic of a farmer’s market (hereafter “seasonal sales” in this section). Farmers’ markets and other seasonal sales such as garden or landscape nursery materials may be approved under other provisions of this Code or the Urbandale Municipal Code, but not administratively under this section;
(2) Outdoor display and sales of merchandise customarily offered by a retail business on an ongoing basis, generally known as a tent, sidewalk, parking lot or truckload sale, and expressly prohibiting third-party vendors or transient vendors not conducting an on-going, permanent business on the premises (hereafter “sales promotions” in this section);
(3) Real estate administrative and marketing offices; construction field offices, shelters for construction materials and equipment, and construction staging yards; and model homes (hereafter “marketing and field offices” in this section). Concrete or asphalt batch plants are expressly excluded from this section; and
(4) Events hosted by or for the benefit of nonprofit or charitable organizations that will not have more than 300 persons in attendance at any point in time, and expressly excluding gambling or gaming, or the sale or consumption of alcohol or other intoxicants (hereafter “charitable events” in this section). The Zoning Administrator shall have discretion in determining whether a charitable event adequately benefits a qualifying nonprofit or charitable organization, by referring any event or organization that may be in question to the City Council for a legislative determination of whether said event or organization complies with the Council’s intent to support bonafide nonprofit or charitable organizations that provide substantial benefits to the public or needy, or alleviate suffering.
(C) Duration. The duration and frequency of the permitted temporary uses listed in division (B) above shall be restricted as follows.
(1) Seasonal sales related to a holiday shall be commence not more than 45 calendar days prior to the holiday and shall cease on the date of the holiday. Seasonal sales of food products shall be limited to the customary season for such products or between May 15 and October 31, whichever is less.
(2) Sales promotions shall not exceed four consecutive days for each event, and not more than two events in any calendar year.
(3) (a) Real estate administrative and marketing offices, and model homes, shall be restricted to a maximum duration of 24 months and to only on-site sales or marketing, “on-site” defined for this temporary use to be only those lots or dwelling units located within the same approved preliminary subdivision plat as said office or model home site or within a specific final plat if so restricted by the Zoning Administrator. Such offices shall not be permitted prior to the approval of a final plat or site plan by the City Council as required to allow construction of a development, and model homes shall not be established until all public and common private infrastructure has been completed to the satisfaction of the City Engineer and Fire Chief.
(b) Construction offices, staging yards and other permitted temporary construction uses shall only be utilized for construction projects on the same premises; shall not be located on the premises more than 45 days prior to commencement or more than 60 days after completion of the construction for which they were permitted; and only be on the premises for the duration of such construction or a maximum of 24 months, whichever is less. The Zoning Administrator can impose a shorter maximum duration or other limitations at the Administrator’s discretion, or allow renewal of a permit for up to one additional year for construction projects of extraordinary size or complexity.
(4) Charitable events permitted under this section shall not exceed three consecutive calendar days for each event, and not more than two events in any calendar year on any premises or for any single charitable or non-profit organization.
(D) General requirements. Every temporary use permitted under this section shall comply with the following requirements.
(1) No temporary use shall be located or conducted on public property or right-of-way unless expressly approved by the City Council; within common access easements or drives essential to traffic circulation on public or private property unless approved in writing by all affected properties; in fire lanes or other emergency access ways; or allowed to obstruct or impede pedestrian or customer access to other businesses or properties unless approved in writing by all affected properties.
(2) Seasonal sales and sales promotions shall not be permitted on any residentially-zoned property. Charitable events shall not be located on any property whose principal use is residential.
(3) No temporary use shall be located or conducted within a required landscape setback or buffer yard, nor shall it be located in any handicapped parking space or obstruct handicapped access in any way.
(4) Suitable and adequate sanitary facilities, either portable or permanent, shall be made continuously available to all employees, customers and participants during its hours of operation. If such requirement is proposed to be satisfied by permanent facilities that are not owned or directly controlled by the business or operator of the temporary use, written authorization shall be obtained from the facilities’ owner specifically stating that the facilities will be available as required herein.
(5) All temporary structures, except fences and similar enclosures and except tents and canopies that are less than 100 square feet in area; trailers having a bed that is more than ten feet in length; and commercial vehicles used for or by the temporary use, shall conform to the setbacks required for a principal structure.
(6) Everything associated with the temporary use, including but not limited to temporary structures, vehicles, fixtures and appurtenances, equipment, stands and signs shall be completely removed and the site restored to its pre-existing condition, and all trash and debris cleaned up, within five days after expiration of the temporary use permit.
(E) Regulations for specific temporary uses. Temporary uses allowed by this section shall comply with the following requirements as applicable to the use.
(1) (a) Seasonal sales vendors for fruits, vegetables and other food products shall post information identifying the general city or county in Iowa where each food item being offered for sale was grown or prepared, or if not Iowa-grown or produced shall identify the wholesaler or retailer that is supplying such products to the vendor. Such information shall be displayed in English in legible, uniform printed lettering that is between two and five inches in height, in proximity to the pay station and in clear view of all customers during all hours of operation. Providing false or misleading information shall be grounds for revocation of the temporary permit allowing operation of the seasonal sales.
(b) All evidence of seasonal sales of fruits, vegetables and other food products shall be removed from public view between the hours of 8:00 p.m. and 7:00 a.m. the following day or during the time when the vendor is not open for business, whichever is more restrictive.
(2) Sales promotions that are located on or within a parking area shall not occupy more than five parking spaces or 20% of parking spaces for the business, whichever is less; provided that the Zoning Administrator may allow a larger area to be occupied by such temporary use if the total number of parking spaces located on the property exceeds the minimum requirement of this Code or the property contains more than 300 total parking spaces, and the Zoning Administrator determines that adequate parking will remain. In no case shall any such temporary use occupy more than 3,200 square feet.
(3) Marketing and field offices, model homes and construction staging yards and other permitted temporary construction uses shall be located and configured to be compatible with adjacent uses and to mitigate noise, dust, traffic, odor and other nuisances. Model homes and marketing offices for residential developments shall be located on a collector street and on the periphery of the neighborhood to minimize impacts on the neighborhood, unless it can be shown that an alternative location is superior in terms of minimizing neighborhood impacts.
(F) Application for temporary use permit. Applications shall be made in writing on the form provided for such purpose by the Zoning Administrator and accompanied by the following documents and information in addition to any listed on the application form. Issuance of a permit shall not be construed to be a waiver of any requirement of this Code or of any permit required by another code:
(1) A written description of all aspects of the proposed temporary use, including but not limited to proposed dates and hours of operation;
(2) A site plan depicting the proposed layout of the proposed temporary use and its relationship to existing site improvements and conditions. Depending on the nature of the proposed use the Zoning Administrator may allow such site plan to be hand-drawn to scale, more or less, or may require it to be professionally prepared and to include all of the information customarily required for a site plan filed in accordance with the Urbandale Site Planning Code; and
(3) Proof of ownership or property owner’s written consent to the proposed temporary use; written consent allowing use of sanitary facilities, as applicable; and evidence that other required permits or approvals have been obtained including but not limited to permits for liquor or cigarette sales; tents; transient merchants; noise; air quality, erosion control and other environmental controls; and health and sanitation.
(G) Violations and penalties.
(1) The temporary uses listed in this section are not allowed by right under this Code, and are deemed a restricted privilege that may be allowed by discretion and exception only upon a finding by the Zoning Administrator that the use complies with all regulations and requirements at the time of commencement and on a continual basis.
(2) A permit may be suspended or revoked by the Zoning Administrator if the Zoning Administrator finds that the permit appears to have been obtained through fraud or misrepresentation, or is in violation of any regulation or requirement, by providing written notice to the applicant at the address provided on the permit application and setting forth the reasons for such suspension or revocation.
(3) Any violation of this section shall be subject to the same penalties as any other violation of the Zoning Code.